Legal Question in Family Law in Florida

Re: house foreclosure during divorce

Most judges will do what they can to prevent the loss of a house during a divorce. You might try a "Motion to Sell Marital Home to Prevent Dissapation of Marital Assets" or, if your spouse can afford the mortgage and you can't, you might try a "Motion for Temporary Alimony."

Neither of these are standard form motions that you can easily download, so call me if you need help.

Re: house foreclosure during divorce

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You should try to make some arrangements to reinstate the loan if at all possible to save whatever equity you might have in the house. While judges do not like to see people lose a house in foreclosure, they are powerless to prevent it if no payments are being made on the loan. You can also try to work out something with your husband to share in the payments until the court makes some ruling on the home ownership.

Scott R. Jay, Esq.